Choice of Law for Unlawful Searches
Mary Jane Morrison
Hamline University - School of Law
Criminal Practice Law Review, Vol. 2, No. 1, p. 35, 1988
As the number of states having their own constitutional privacy theories about searches increases, more criminal cases may raise choice-of-law issues. This article argues that, apart from the fourth amendment, the Constitution does not impose significant limitations upon the interstate use of evidence, although some state constitutions may impose more significant limitations. Courts should adopt civil choice of law approaches for analyzing search and privacy issues in criminal cases, inquiring particularly whether there are circumstances in the case calling for the forum to displace forum law. This article also explores some of the problems that arise from the deterrence rationale.
Number of Pages in PDF File: 67
Keywords: Choice of law, unlawful searches, constitutional privacy theories, exclusionary rules
Date posted: October 1, 2011